Background
In response to the increase in students with diagnosed food
allergies at risk for anaphylaxis, laws were passed during the
2011, 82nd Legislative Session, and the 2015,
84th Legislative Session. The bills were codified in the Texas Education Code, Chapters 25 and 38.
Texas Education Code, Chapter 25, Section 25.0022, requires a parent or legal guardian disclose, at
the request of the school district, whether the child has a food allergy.
Texas Education Code, Chapter
38, Section 38.0151, requires the board of trustees of each school
district and the governing body or appropriate officer of each open-enrollment
charter school adopt and administer a policy for the care of students with
diagnosed food allergies at risk for anaphylaxis based on the guidelines
developed by the legislated Ad-Hoc committee.
Texas Education Code, Subchapter
E, states "each school district, open-enrollment charter
school, and private school may adopt and implement a policy regarding the
maintenance, administration, and disposal of epinephrine auto-injectors at each
campus in the district or school". During the 85th Legislative
Session, private schools were included in the law.
Food Allergies
The Commissioner of the Texas Department of
State Health Services (DSHS) in consultation with the legislated Ad-Hoc Committee developed the Guidelines for the Care of Students with Food Allergies At-Risk for
Anaphylaxis for use by local boards of trustees of school districts and
governing bodies of open-enrollment charter schools. These guidelines are meant
to serve merely as a reference (and illustrative) guide and are intended to
assist a district or charter school in developing and administering a policy
for the care of students with diagnosed food allergies at risk for anaphylaxis.
Click on the image above to download the Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis.
Emergency Care Plan for Students with Food Allergies
Statutes Related to Allergies and Schools
- Education Code, Title 2, Subtitle E, Chapter 25, Subchapter A, Section 25.0022 - Food Allergy Information
Requested Upon Enrollment
- Education Code, Title 2, Subtitle G, Chapter 38, Subchapter A, Section 38.0151 - Policies
for Care of Certain Students at Risk for Anaphylaxis
- Education Code, Title 2, Subtitle G, Chapter 38, Subchapter E, Maintenance,
Administration, and Disposal of Epinephrine Auto-Injectors
